Interest Of Child Is Paramount: SC Reverses Stand On 14-Year-Old Rape Victim's Pregnancy Termination

The Supreme Court on Monday recalled it earlier order allowing a 14-year-old rape survivor to terminate her pregnancy. The top court reversed its order after the parents expressed their desire to have the baby after concerns were raised with regards to the safety of their daughter's health.

The apex court reversed its order after the parents expressed their desire to have the baby after concerns were raised with regards to the safety of their daughter's health.

After speaking to the child's parents over video conferencing, CJI DY Chandrachud said that the 'interest of the child is paramount'.

The mother of the minor rape victim had earlier sought an urgent hearing from the Supreme Court after the Bombay High Court refused permission for the 14-year-old to terminate her pregnancy. The High Court's rationale for denying the plea was that terminating the pregnancy at such an advanced stage would result in the birth of a fully developed fetus.

Under the Medical Termination of Pregnancy Act, terminating a pregnancy beyond 24 weeks requires permission from the court. On April 4, the Bombay High Court dismissed the plea filed by the girl's mother, citing the Medical Board's report, which indicated that the termination would lead to the birth of a live, viable preterm baby requiring neonatal intensive care, and ruled out any significant fetal abnormalities warranting termination after the 24-week threshold.

The High Court emphasized in its order that terminating the pregnancy at this stage would carry the same risks and consequences as delivering a full-term baby. Disagreeing with the High Court's order, the mother approached the Supreme Court, arguing that the medical opinion was formulated without examining her daughter.

The Supreme Court observed that the medical report on which the High Court based its decision did not consider the physical and mental effects of the pregnancy on the minor, nor did it address the circumstances leading to the pregnancy, including the alleged sexual assault. The apex court instructed the state of Maharashtra's counsel to assist in transporting the girl and her mother to the hospital.

Furthermore, the court stated that the medical board would determine whether terminating the pregnancy could be done without endangering the life of the minor girl.